Holiday Pay Rules for Supervisory Employees Philippines

Updated to reflect the Labor Code of the Philippines and its Implementing Rules and Regulations (IRR), plus DOLE issuances and long-standing jurisprudential principles as commonly applied in practice.


1) Who counts as a “supervisory employee”?

Under the Labor Code, supervisory employees are those who, in the interest of the employer, effectively recommend managerial actions (e.g., hiring, transfer, discipline) and exercise independent judgment, but do not have the full powers of managerial employees. They are distinct from:

  • Managerial employees and officers/members of the managerial staff (who are often exempt from certain labor standards); and
  • Rank-and-file employees.

Why this matters: Holiday pay coverage is broad, but the IRR carves out specific exclusions—chiefly for managerial employees and managerial staff. Most supervisors are covered by holiday pay unless they actually fall into the legal test for managerial employees or managerial staff (see §3 below).


2) What is “holiday pay”?

Holiday pay is the statutory premium (or paid day off) tied to legally declared holidays. The law distinguishes:

  • Regular holidays (e.g., New Year’s Day, Holy Thursday/Good Friday, Labor Day, Independence Day, National Heroes Day, Bonifacio Day, Christmas Day, Rizal Day, and others declared by law).

    • Default rule: “No work, with pay.”
    • If worked: premium pay applies (see §4).
  • Special (non-working) days (e.g., certain commemorations declared by law or proclamation).

    • Default rule: “No work, no pay,” unless there is a favorable company policy, CBA, or customary practice; if worked, a premium applies (see §4).
  • Special working days (if any are declared in a given year).

    • Treated as ordinary working days—no premium unless provided by company policy/CBA.

Supervisory employees follow the same baseline rules as rank-and-file unless they are legally classified as managerial/managerial staff (see §3).


3) Coverage, exclusions, and the common “gray area”

3.1 Covered (entitled)

In general, supervisory employees are covered by the holiday pay provisions if they are not:

  • Government employees;
  • Domestic helpers or those in the personal service of another;
  • Field personnel and other employees whose time and performance are unsupervised and who are paid by results without fixed hours (as defined in the IRR); or
  • Employed by retail/service establishments with fewer than 10 workers (exempt from regular holiday pay by long-standing rule).

3.2 Excluded (not entitled)

The IRR excludes managerial employees and officers/members of the managerial staff from certain labor standards. If a “supervisor” actually satisfies the managerial/managerial-staff test (typically: primary duty is management, substantial discretion and independent judgment, regularly directing others, being salaried, and spending not more than a small portion of time on non-managerial tasks), the company may lawfully treat them as exempt from holiday pay. Label ≠ legal status: Job titles like “Supervisor” or “Officer” are not controlling; the actual work and the IRR tests are.

Practical tip for HR/Payroll: Document the basis if you classify a supervisory position as managerial/managerial-staff exempt. Absent clear evidence, treat supervisors as covered.


4) Pay rules & computations

Notation: “Basic Daily Rate (BDR)” means the employee’s agreed daily wage (not yet including COLA unless your policy embeds it). OT = overtime; NSD = night shift differential (10% of hourly rate for hours worked between 10:00 p.m. and 6:00 a.m.).

4.1 Regular holidays

  • Unworked: 100% of BDR (paid day off) for eligible daily-paid employees; monthly-paid employees are ordinarily considered paid for the day as part of their monthly salary.
  • Worked (first 8 hours): 200% of BDR.
  • Worked + Rest day (overlap): 200% + 30% of 200% = 260% of BDR for first 8 hours.
  • Overtime on a regular holiday: Additional 30% of the hourly rate based on the applicable holiday day-rate (i.e., 200% or 260%).
  • NSD on a regular holiday: Add 10% of the hourly rate computed on the applicable day-rate.

4.2 Special (non-working) days

  • Unworked: No pay (unless company policy/CBA/custom grants pay).
  • Worked (first 8 hours): 130% of BDR.
  • Worked + Rest day: 150% of BDR.
  • Overtime: Additional 30% of the hourly rate based on the applicable day-rate (i.e., 130% or 150%).
  • NSD: Add 10% computed on the applicable day-rate.

4.3 Special working days

  • Treated as ordinary working days (100% rate if worked; no pay if unworked unless company policy/CBA provides otherwise).

4.4 “Double holiday” scenarios

Occasionally, two regular holidays fall on the same calendar day (e.g., a fixed regular holiday overlaps with another regular holiday or an officially moved date). Typical practice:

  • Unworked: 200% of BDR.
  • Worked: 300% of BDR for first 8 hours.
  • Worked + Rest day: 300% + 30% of 300% = 390% of BDR.
  • OT and NSD apply on top, using the same “base on the day-rate” principle.

Always check the year’s official holiday proclamations and DOLE pay advisories to confirm the precise treatment for unusual overlaps.


5) Eligibility conditions & common disqualifiers

For regular holiday pay (unworked), a daily-paid employee typically must be present or on leave with pay on the workday immediately preceding the regular holiday. Common disqualifiers:

  • Absence on the day immediately before the regular holiday without pay (unless a more favorable company policy applies);
  • Suspension/AWOL at the time; or
  • Falling within an excluded category (see §3.2).

Company policy, CBA, or long-standing practice may relax the presence requirement or grant better benefits—but never worse than the statutory minimum.


6) Monthly-paid vs. daily-paid supervisors

  • Monthly-paid supervisory employees are generally considered paid for all days in the month, including rest days, special days, and regular holidays. No additional cash is usually added for unworked regular holidays because these are already built into the monthly salary (unless the CBA/policy says otherwise). If they work on a holiday, apply the required premium on top of the regular monthly pay.
  • Daily-paid supervisors are paid based on actual days worked; regular holiday (unworked) is separately paid at 100% (subject to eligibility in §5). Special days follow the “no work, no pay” default.

Payroll math often uses daily-rate factors (e.g., 313/314/365 days) depending on whether the salary inherently covers rest days, special days, and holidays. Follow your documented pay scheme and ensure it never results in less than the statutory minimums.


7) Interactions with overtime, rest days, and night work

  • Overtime on holidays uses the applicable holiday hourly rate as the base, then adds +30% (not the ordinary day rate).
  • Rest-day work that coincides with a holiday uses the rest-day premium layered onto the holiday rate (see §4).
  • NSD (10%) is computed on the actual hourly rate of the day (i.e., the holiday-or-special-day rate), not the ordinary day’s base rate.

8) Probationary, project-based, fixed-term, and piece-rate supervisors

Holiday pay coverage turns on employment status under the Labor Code, not the label of the contract. If a supervisory employee is covered (see §3) and not lawfully excluded, holiday pay rules apply regardless of probationary/fixed-term/project/seasonal status. For piece-rate/commissioned pay, compute the equivalent daily/hourly rate to apply the correct percentages (DOLE practice).


9) Work schedules that straddle a holiday (overnight shifts)

If a shift straddles midnight and the holiday runs from 00:00–24:00:

  • Pay the holiday premium only for hours actually worked within the holiday calendar date.
  • Hours before or after the holiday window are paid at the applicable non-holiday or rest-day rate.

Documenting clock-in/out times and hours by date block avoids disputes.


10) CBAs, company practice, and “non-diminution”

  • A CBA or company policy/practice may provide better terms (e.g., paying special days even when unworked, or higher percentage premiums).
  • Once a benefit ripens into a regular practice (consistent, deliberate, and long-continued), the non-diminution rule restricts taking it back unilaterally.

11) Compliance checklist for HR & Payroll

  1. Classify correctly: Is the “supervisor” truly supervisory (covered) or actually managerial/managerial-staff (excluded)? Keep job descriptions and time-use proof.
  2. Map the holiday: Identify if it’s regular, special (non-working), or special working; note any rest-day overlap or double-holiday scenarios.
  3. Confirm eligibility for regular holiday (unworked)—presence or paid leave the workday prior (unless a better policy applies).
  4. Compute on the right base: Use the day-rate applicable to the holiday category for OT/NSD.
  5. Honor CBAs/policies that are more favorable.
  6. Record-keep: Timesheets, rosters, and payroll journals should show the breakdown (base pay, holiday premium, OT premium, NSD).
  7. Communicate: Issue annual memos with the official holiday list and pay rules; attach DOLE pay advisories for transparency.

12) Worked examples

Assume BDR = ₱1,000; 8-hour shift; hourly rate = ₱125 (₱1,000 ÷ 8). Ignore COLA for simplicity.

A. Regular holiday, unworked (eligible): Pay = ₱1,000.

B. Regular holiday, worked 8 hours: Pay = 200% × ₱1,000 = ₱2,000.

C. Regular holiday on rest day, worked 8 hours: Pay = 260% × ₱1,000 = ₱2,600.

D. Regular holiday, worked 10 hours, with 2 hours beyond 8:

  • First 8 hours = ₱2,000 (200%).
  • OT hourly rate base = 200% × ₱125 = ₱250.
  • OT premium = +30% × ₱250 = ₱75 per OT hour → ₱325 per OT hour.
  • OT pay (2 hrs) = 2 × ₱325 = ₱650.
  • Total = ₱2,650.

E. Special (non-working) day, worked 8 hours: Pay = 130% × ₱1,000 = ₱1,300.

F. Special day on rest day, worked 8 hours: Pay = 150% × ₱1,000 = ₱1,500.

G. Double regular holiday, worked 8 hours: Pay = 300% × ₱1,000 = ₱3,000.

H. Holiday night work (e.g., 4 hours fall between 10 p.m.–6 a.m.) on a regular holiday:

  • Hourly base = 200% × ₱125 = ₱250.
  • NSD = 10% × ₱250 = ₱25 per NSD hour.
  • Add NSD for the 4 night hours = ₱100, on top of the day’s holiday pay.

13) Practical pitfalls to avoid

  • Title-based exemption: Calling someone “Supervisor” doesn’t decide coverage. Apply the IRR tests.
  • Wrong OT base: OT on holidays must be computed on the holiday hourly rate, not the ordinary rate.
  • Presence requirement confusion: The eligibility rule applies to regular holiday (unworked) pay for daily-paid workers; don’t wrongly deny pay where policy/CBA already assures it.
  • Inconsistent monthly-paid treatment: If monthly-paid packages already cover holidays, avoid double-paying unworked regular holidays—but do add premiums when they actually work.

14) Bottom line

  • Typical supervisor = entitled to holiday pay like rank-and-file.
  • Exception: If the supervisor meets the legal test for managerial/managerial-staff, holiday pay may be lawfully excluded.
  • Pay correctly by holiday type (regular vs. special), layer rest-day, OT, and NSD properly, and respect any CBA/policy that’s more favorable.

This article is for general information only and isn’t a substitute for legal advice on a specific set of facts. For edge cases (e.g., overlapping proclamations, industry-specific rules, or unique pay structures), consult your counsel or DOLE.

Disclaimer: This content is not legal advice and may involve AI assistance. Information may be inaccurate.